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Topic
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Without Prejudice
The DA of our apartment block specifies that there is one parking spot per unit. It further specifies that this comprises 11 lock up garages on separate title, 4 undercover parking spaces on common property and 5 uncovered spaces on common property.
However, a subsequent exclusive use bylaw has allocated two of the undercover parking spaces to one unit holder, a second undercover parking space to an owner who already owns a lock up garage on separate title, and a third undercover parking space to a single owner.
Consequently, there is not one parking spot per unit available as outlined in the DA.
Is this exclusive use by-law valid and can it be overturned when one of the conditions of the by-law states that it requires 100% agreement of the BC?
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